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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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SONIA BELL,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DL 230207-OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 28, 1991, the above-named tenant, filed a petition
for administrative review of an order issued on August 26, 1991,
by a Rent Administrator concerning the housing accommodation
known as Apartment F-4, 5301 Snyder Avenue, Brooklyn, New York,
wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on major capital improvements
(MCI).
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
The owner commenced this proceeding on December 4, 1989 by filing
an application for a rent increase based on major capital
improvements, to wit - apartment windows, entrance and vestibule
doors, and an intercom panel at a total cost of $54,300.00.
On April 7, 1990, the Division of Housing and Community Renewal
(DHCR) served each tenant with a copy of the application and
afforded the tenants the opportunity to review it and comment
thereupon.
The tenant filed an objection to the owner's application alleging
service deficiencies unrelated to the new installations.
On August 26, 1991, the Rent Administrator issued the order here
under review finding that the installations qualified as major
capital improvements, determining that the application complied
with the relevant laws and regulations based upon the supporting
documentation submitted by the owner, and allowing appropriate
rent increases for rent controlled and rent stabilized apart-
ments.
No increase was authorized based on the installation of an
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intercom panel.
In her petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges inter
alia, that her apartment did not receive a new door and that the
intercom does not work.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilizati n Code for rent stabi-
lized apartments. Under rent stabilization, the improvement
must generally be building-wide; depreciable under the Internal
Revenue Code, other than for ordinary repairs; required for the
operation, preservation, and maintenance of the structure; and
replace an item whose useful life has expired.
The Commissioner notes that the MCI rent increase was granted for
the installation of building entrance and vestibule doors and not
for apartment doors. No increase was granted for the intercom.
The record in the instant case indicates that the owner correctly
complied with the application procedures for a major capital
improvement and the Rent Administrator properly computed the
appropriate rent increases. The tenant has not established that
the increase should be revoked.
This order and opinion is issued without prejudice to the ten-
ant's right to file a complaint based on a diminution of services
if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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